Category: JC Froneman

Organisational rights threshold: Cachalia AJ minority judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and there were different approaches to the problem. “The second judgment, however, advances a further ground to support its conclusion that the interests of justice...

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Funding political parties: Right to an informed vote

My Vote Counts NPC v Minister of Justice and Correctional Services The constitutional court’s unanimous judgment on funding political parties is important in many respects and will surely give rise to an informed debate...

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Fair labour practices: Meaning of ‘everyone’ in s 23(1)

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

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Fundamental contextual change: Supremacy to constitutional democracy

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

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Common law development: Once and for all rule

MEC: Health and Social Development, Gauteng v DZ obo WZ The majority in the constitutional court considered common law development and differed from Jafta J’s view that the common law already provides for the payment of damages...

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